(1.) Both the above stated criminal miscellaneous cases have arisen out of the order dated 5.12.2008 passed by Sub divisional Judicial Magistrate (East), Muzaffarpur in Complaint case no.2534/2008 by which and whereunder the learned Sub divisional Judicial Magistrate (East), Muzaffarpur, having found prima facie case under section 498A of the IPC and section 4 of the D.P. Act, ordered to issue summons to procure attendance of the petitioners for facing trial in the above stated Complaint case no.2534/2008 and, accordingly, both the above stated criminal miscellaneous cases were heard together and are being disposed off by this common order.
(2.) Cr. Misc. no. 8726/2009 has been filed by the petitioners- Bhagwati Prasad Kyal and Sulochna Devi Kyal, who are parents-in-law of opposite party no.2, namely, Ekta Devi Kyal whereas petitioners no. 1 to 5 of Cr. Misc. no. 11113/2009 are others in-laws and petitioner no.6 of the aforesaid criminal case is husband of opposite party no.2.
(3.) The brief fact, which lies to file these quashing petitions, is that opposite party no.2, namely, Ekta Devi Kyal, filed complaint case bearing Complaint case no. 2534/2008 in the court of learned Chief Judicial Magistrate, Muzaffarpur alleging therein that her marriage was solemnized with petitioner no.6 of Cr. Misc. no. 11113/2009 on 13.12.1996 at Raniganj district Burdwan, West Bengal and at the time of her marriage her father had given cash and ornaments worth Rs 7 lakhs. After solemnization of marriage, she went to her matrimonial home and started leading happy married life. On 20th October, 2002, she gave birth to a female child but after birth of female child her in-laws became annoyed and started torturing her in both ways mentally and physically and furthermore, they started mounting pressure upon her to fetch Rs 5 lakhs from her parents so that the aforesaid amount could be deposited in the name of her daughter. She further alleged that on 13.2.2008, she came to her parental home and disclosed the above stated fact to her natal people and again, she went to her matrimonial home but her in-laws did not change their behavior and also stopped providing her food and lastly, on 3.7.2008, she was ousted from her matrimonial home and her in-laws also kept her child as well as her ornaments. She came to her parental home and narrated entire story to her family members. She further alleged that she along with her other family members again went to her in-laws house but she was not allowed to enter into home and later on, she filed the above stated complaint case on 26.9.2008 in the court of the Chief Judicial Magistrate, Muzaffarpur.